The day after the Supreme Court issued its  decision in Mayo v. Prometheus, the USPTO issued a letter to the Patent Examining Corps that provides preliminary guidance to examiners and promises that more detailed guidance is forthcoming. MEMORANDUM DATE:            March 21, 2012 TO:                 Patent Examining Corps FROM:           Andrew H. Hirshfeld, Associate Commissioner […]

As you know, the Supreme Court issued its opinion in Mayo v. Prometheus, an important intellectual property case for biotech.  The Court held that the correlation between blood test results and patient health is not patentable. Under Prometheus, new patents involving correlations between natural phenomena must do more than simply recite the natural correlation and then […]

In the on-going saga of the patentability of correlations between blood test results and patient health, Prometheus Laboratories submitted its brief to the U.S. Supreme Court.  The Court granted cert for the second time in Mayo Collaborative Services v. Prometheus Labs., Inc, Supreme Court No. 10-1150, to consider whether to set limits on when inventors […]